How can you get compensation for damage caused by...?

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... a medical error? What are the legal mechanisms for determining the amount of compensation and payment settlement procedures?

16.06.2023 00:04 498

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Photo of sikorsky.y.o Yaroslav Sikorsky

The definition of "medical error" is not established in any Ukrainian law.

It is possible to assume the following definition of medical error - unintended actions or inaction of doctors that caused harm to health.

The Criminal Code of Ukraine contains approximately ten articles related to the medical field, for the violation of which a doctor can be held criminally liable. Such a situation arises when the doctor's actions or inaction contain signs of a crime.

Depending on the specific circumstances, the doctor's actions may be considered improper performance of professional duties, violation of patients' rights, insufficient medical care, and other similar violations.

And therefore, in each situation, it is necessary to carefully find out what exactly happened: a medical error or a professional criminal offense.

What can be demanded?

  • compensation for material damages – these can be available expenses (payment of additional treatment or care due to a medical error) or lost benefits when the doctor's actions have led to a deterioration of your health, and you can no longer fully work and provide the former standard of living ;

  • compensation for non-pecuniary damage is mental suffering and physical pain you suffered as a result of a medical error. It is important to translate them into a material equivalent and justify them.

You need to prove the fact of improper provision of medical care, the presence of damage and justification of its size, the cause-and-effect relationship between the doctor's actions and the consequences.

16.06.2023 09:28

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